The applicants were self-employed market traders. Their income was low, but they were unable to produce accounts by way of proof. The local authority declined their application for housing benefit in the absence of such proof. They complained that presence of local councillors on the committee which made the decision, made that not an independent body, and that since the issue was one of primary fact, judicial review would not be available. The authority argued that since they were following a statutory duty, their own acts fell within the defence under 6(2)(b).
Held: The duty under the 1998 Act was to read statutes, where possible, in such a way as to make that provision compliant. Section 6(2)(b) only provided protection where such interpretation was not available to them.
Mr Justice Richards
Times 23-Apr-2002,  EWHC 423 (Admin)
Human Rights Act 19986(2)(b) 8, Housing Benefit (General) Regulations 1971 (1971 No 1987)
England and Wales
Housing, Human Rights, Benefits
Updated: 20 November 2021; Ref: scu.168735